The Supreme Court has restored an FIR that was earlier quashed by the Allahabad High Court, holding that a delay in filing a police complaint, by itself, is not sufficient to terminate criminal proceedings at the initial stage. The Court emphasized that the focus should remain on whether the allegations disclose a cognizable offence and not merely on the timing of the complaint.
Background of the Case
The case arose from an FIR registered in Kasganj district of Uttar Pradesh. The complainant alleged that several persons forcibly took him in a vehicle, demanded money, threatened him, and one of the accused allegedly fired a shot at him. The FIR was lodged on September 30, 2025, about 24 days after the alleged incident.
The accused approached the Allahabad High Court seeking quashing of the FIR. The High Court accepted their argument that the complaint had been lodged after an unexplained delay and ordered the FIR to be quashed.
Aggrieved by that decision, the complainant challenged the order before the Supreme Court.
A Bench comprising Justice J.B. Pardiwala and Justice S.V.N. Bhatti found fault with the High Court's approach.
The Bench observed that there could be several legitimate reasons why a victim may not immediately approach the police. It noted that delay in lodging an FIR can be considered during trial while assessing evidence, but delay alone cannot justify quashing a criminal case at the threshold.
“The High Court should not have quashed the FIR merely on the ground that there was a delay of 24 days in lodging the same,” the Bench observed.
The Court further stated that allegations of political motivation, raised by the accused, also could not be treated as a valid reason to quash the FIR at such an early stage. According to the Bench, while considering a plea for quashing, the court must examine whether the complaint discloses the commission of a cognizable offence.
The Supreme Court also noted that the High Court's order did not meaningfully discuss the nature of the allegations contained in the FIR.
The Bench remarked that even if a court does not reproduce the entire complaint, its order should at least indicate the substance of the allegations and demonstrate proper application of mind. Such discussion becomes particularly important when the matter reaches a higher court for review.
Holding that the High Court's order was legally unsustainable, the Supreme Court allowed the appeal, set aside the quashing order dated January 6, 2026, and restored FIR No. 0512 of 2025. The Court directed the police to proceed with the investigation in accordance with law.
Pending applications were also disposed of.
Case Details:
Case Title: Pushpendra v. State of U.P. & Ors.
Case Number: Criminal Appeal No. 2984 of 2026 (arising out of SLP (Crl.) No. 6811 of 2026)
Judge: Justice J.B. Pardiwala and Justice S.V.N. Bhatti
Decision Date: 29 May 2026
